Chapter 68

CHAPTER 68-H.F.No. 1951
An act relating to human services; changing long-term
care provisions; amending Minnesota Statutes 2004,
sections 144A.071, subdivision 1a; 256B.0913,
subdivision 8; 256B.0915, subdivisions 1a, 6, 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LONG-TERM CARE FACILITIES
Section 1. Minnesota Statutes 2004, section 144A.071,
subdivision 1a, is amended to read:
Subd. 1a. [DEFINITIONS.] For purposes of sections 144A.071
to 144A.073, the following terms have the meanings given them:
(a) "Attached fixtures" has the meaning given in Minnesota
Rules, part 9549.0020, subpart 6.
(b) "Buildings" has the meaning given in Minnesota Rules,
part 9549.0020, subpart 7.
(c) "Capital assets" has the meaning given in section
256B.421, subdivision 16.
(d) "Commenced construction" means that all of the
following conditions were met: the final working drawings and
specifications were approved by the commissioner of health; the
construction contracts were let; a timely construction schedule
was developed, stipulating dates for beginning, achieving
various stages, and completing construction; and all zoning and
building permits were applied for.
(e) "Completion date" means the date on which a certificate
of occupancy is issued for a construction project, or if a
certificate of occupancy is not required, the date on which the
construction project is available for facility use.
(f) "Construction" means any erection, building,
alteration, reconstruction, modernization, or improvement
necessary to comply with the nursing home licensure rules.
(g) "Construction project" means:
(1) a capital asset addition to, or replacement of a
nursing home or certified boarding care home that results in new
space or the remodeling of or renovations to existing facility
space; and
(2) the remodeling or renovation of existing facility space
the use of which is modified as a result of the project
described in clause (1). This existing space and the project
described in clause (1) must be used for the functions as
designated on the construction plans on completion of the
project described in clause (1) for a period of not less than 24
months; or(3) capital asset additions or replacements that arecompleted within 12 months before or after the completion dateof the project described in clause (1).
(h) "Depreciation guidelines" means the most recentpublication of "The Estimated Useful Lives of DepreciableHospital Assets," issued by the American Hospital Association,840 North Lake Shore Drive, Chicago, Illinois, 60611.(i) "New licensed" or "new certified beds" means:
(1) newly constructed beds in a facility or the
construction of a new facility that would increase the total
number of licensed nursing home beds or certified boarding care
or nursing home beds in the state; or
(2) newly licensed nursing home beds or newly certified
boarding care or nursing home beds that result from remodeling
of the facility that involves relocation of beds but does not
result in an increase in the total number of beds, except when
the project involves the upgrade of boarding care beds to
nursing home beds, as defined in section 144A.073, subdivision
1. "Remodeling" includes any of the type of conversion,
renovation, replacement, or upgrading projects as defined in
section 144A.073, subdivision 1.
(i)(j) "Project construction costs" means the cost of the
following items that have a completion date within 12 monthsbefore or after the completion date of the project described initem (g), clause (1):(1) facility capital asset additions,;(2) replacements,;(3) renovations, or;(4) remodeling projects,;(5) construction site preparation costs, and;(6) related soft costs. Project construction costs includethe cost of any remodeling or renovation of existing facilityspace which is modified as a result of the constructionproject. Project construction costs also includes the cost ofnew technology implemented as part of the construction project.Project construction costs also include; and(7) the cost of new technology implemented as part of the
construction project and depreciable equipment directly
identified to the project, if the construction costs for clauses(1) to (6) exceed the threshold for additions and replacementsstated in section 256B.431, subdivision 16. Any new Technology
and depreciable equipment shall be included in the project
construction costs shall, at theunless a written election ofismade by the facility, be includedto not include it in the
facility's appraised value for purposes of Minnesota Rules, part
9549.0020, subpart 5, and. Debt incurred for its purchase oftechnology and depreciable equipment shall be included as
allowable debt for purposes of Minnesota Rules, part 9549.0060,
subpart 5, items A and C, unless the written election is to notinclude it. Any new technology and depreciable equipment
included in the project construction costs that the facility
elects not to include in its appraised value and allowable debt
shall be treated as provided in section 256B.431, subdivision
17, paragraph (b). Written election under this paragraph must
be included in the facility's request for the rate change
related to the project, and this election may not be changed.
(j)(k) "Technology" means information systems or devices
that make documentation, charting, and staff time more efficient
or encourage and allow for care through alternative settings
including, but not limited to, touch screens, monitors,
hand-helds, swipe cards, motion detectors, pagers, telemedicine,
medication dispensers, and equipment to monitor vital signs and
self-injections, and to observe skin and other conditions.
ARTICLE 2
CONTINUING CARE FOR THE ELDERLY
Section 1. Minnesota Statutes 2004, section 256B.0913,
subdivision 8, is amended to read:
Subd. 8. [REQUIREMENTS FOR INDIVIDUAL CARE PLAN.] (a) The
case manager shall implement the plan of care for each
alternative care client and ensure that a client's service needs
and eligibility are reassessed at least every 12 months. The
plan shall include any services prescribed by the individual's
attending physician as necessary to allow the individual to
remain in a community setting. In developing the individual's
care plan, the case manager should include the use of volunteers
from families and neighbors, religious organizations, social
clubs, and civic and service organizations to support the formal
home care services. The county shall be held harmless for
damages or injuries sustained through the use of volunteers
under this subdivision including workers' compensation
liability. The lead agencycounty of service shall provide
documentation in each individual's plan of care and, if
requested, to the commissioner that the most cost-effective
alternatives available have been offered to the individual and
that the individual was free to choose among available qualified
providers, both public and private, including qualified case
management or service coordination providers other than those
employed by the lead agency when the lead agencyany county;however, the county or tribe maintains responsibility for prior
authorizing services in accordance with statutory and
administrative requirements. The case manager must give the
individual a ten-day written notice of any denial, termination,
or reduction of alternative care services.
(b) If The county administering alternative care servicesis different than the county of financial responsibility, thecare plan may be implemented without the approval of servicemust provide access to and arrange for case management services,including assuring implementation of the plan. The county ofservice must notify the county of financial responsibility ofthe approved care plan and the amount of encumbered funds.
Sec. 2. Minnesota Statutes 2004, section 256B.0915,
subdivision 1a, is amended to read:
Subd. 1a. [ELDERLY WAIVER CASE MANAGEMENT SERVICES.] (a)
Elderly case management services under the home and
community-based services waiver for elderly individuals are
available from providers meeting qualification requirements and
the standards specified in subdivision 1b. Eligible recipients
may choose any qualified provider of elderly case management
services.
(b) The county of service or tribe must provide access toand arrange for case management services.
Sec. 3. Minnesota Statutes 2004, section 256B.0915,
subdivision 6, is amended to read:
Subd. 6. [IMPLEMENTATION OF CARE PLAN.] Each elderly
waiver client shall be provided a copy of a written care plan
that meets the requirements outlined in section 256B.0913,
subdivision 8. If The care plan must be implemented by the
county administering waivered services when it is different than
the county of financial responsibility, the care plan may beimplemented without the approval of. The county administeringwaivered services must notify the county of financial
responsibility of the approved care plan.
Sec. 4. Minnesota Statutes 2004, section 256B.0915,
subdivision 9, is amended to read:
Subd. 9. [TRIBAL MANAGEMENT OF ELDERLY WAIVER.]
Notwithstanding contrary provisions of this section, or those in
other state laws or rules, the commissioner and White Earthreservation may develop a model for tribal management of the
elderly waiver program and implement this model through a
contract between the state and White Earth Reservationany ofthe state's federally recognized tribal governments. The model
shall include the provision of tribal waiver case management,
assessment for personal care assistance, and administrative
requirements otherwise carried out by counties but shall not
include tribal financial eligibility determination for medical
assistance.
Presented to the governor May 19, 2005
Signed by the governor May 23, 2005, 11:50 a.m.